Sachin Kumar Yadav @ Sachin Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sachin Kumar Yadav @ Sachin Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Jhanjharpur, District Madhubani, in connection with Madhepur P.S. Case No. 42 of 2024 (G.R. No. 509 of 2024), subject to the condition that he remains physically present on each and every date fixed by the learned trial Court.

Issue for consideration

Whether the petitioner, in custody since 02.01.2025 in Madhepur P.S. Case No. 42 of 2024 for offences punishable under Sections 341, 342, 323, 307, 354(B), 379, 504 and 506/34 of the Indian Penal Code, should be released on bail, as opposed by the learned APP for the State.

Court's answer

The Court granted bail in light of the submissions of learned counsel for the petitioner and the fact that the petitioner was about six months in custody.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Jhanjharpur, District Madhubani, in connection with Madhepur P.S. Case No. 42 of 2024 (G.R. No. 509 of 2024).

Key takeaways

The release on bail was made subject to the condition that the petitioner shall remain physically present on each and every date fixed by the learned trial Court.ratio¶21

Detailed headnote1 paragraphs

Bail granted. The High Court of Judicature at Patna (Ramesh Chand Malviya, J.) allowed the bail application of Sachin Kumar Yadav @ Sachin Yadav, who was in custody since 02.01.2025 in Madhepur P.S. Case No. 42 of 2024 (G.R. No. 509 of 2024), District Madhubani, for offences punishable under Sections 341, 342, 323, 307, 354(B), 379, 504 and 506/34 of the Indian Penal Code. The allegation was that the petitioner and co-accused assaulted the informant and her family members with an iron rod and snatched Rs. 5,000/- from the cash counter of the informant's shop. Noting counsel's submissions (false implication on mere suspicion, nothing recovered from conscious possession, clean antecedents, and bail already granted to similarly situated persons by the trial Court vide Annexure-2) and that the petitioner had been in custody for about six months, the Court directed release on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Jhanjharpur, District Madhubani, subject to the condition that the petitioner remain physically present on each and every date fixed by the learned trial Court. The learned APP for the State had opposed the bail prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15793 of 2025

Arising Out of PS. Case No.-42 Year-2024 Thana- MADHEPUR District- Madhubani

======================================================

Sachin Kumar Yadav @ Sachin Yadav, Male, aged about 35 years, S/o- Bablu Yadav, resident of vill- Bakhrian, PS- Madhepur, Dist- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Baleshwar Kamat, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 02-07-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 341, 342, 323, 307, 354(B), 379, 504 and 506/34 of the Indian Penal Code

Allegation against the petitioner and other coaccused persons is to have assaulted the informant and her family members by means of iron rod and also snatched Rs.5,000/- from the cash counter of the shop of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only on the basis of suspicion. He next submits that nothing has been recovered from the conscious possession of the petitioner and

Patna High Court CR. MISC. No.15793 of 2025(4) dt.02-07-2025 2/2

similarly situated persons been granted bail by the learned Trial Court vide Annexure-2 of the present petition. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 02.01.2025.

Learned APP for the State opposes the prayer for bail of the petitioner.

In the light of the aforesaid submission of the learned counsel for the petitioner as well as the fact that petitioner is about six months in custody, so let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Jhanjharpur, District- Madhubani in connection with Madhepur P.S. Case No. 42 of 2024 (G.R. No.509 of 2024) subject to the condition that the petitioner shall remain physically present on each and every date fixed by the learned trial Court.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T